Rajnish Kushwaha v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47172 of 2023 Applicant :- Rajnish Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.710 of 2021, under Sections 308, 504, 506 IPC, Police Station Etmaddaula, District Agra, during the pendency of trial.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant was not present on the spot at the time of alleged occurrence. It is also contended that the co-accused, Dr. Kailash Mangal @ Dr. Kailash Saran Agarwali has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated

19.09.2023 passed in Criminal Misc. Bail Application No.39599 of 2023, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity as case of the applicant is on the better footing to that of the aforesaid co-accused. There is no other criminal history against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 07.10.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Rajnish Kushwaha, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 4.12.2023 Shahroz High Court of Judicature at Allahabad